Michael Theris avoids conviction in Dubbo Local Court after busted behind the wheel while on drugs between Walgett and Lightning Ridge

Michael Theris, 61, was not in court on Wednesday when he was sentenced for driving with an illicit drug in his system on November 23 last year.

Police were on the Castlereagh Highway heading to Lightning Ridge from Walgett when they spotted Theris in a blue Ford Territory attempting to overtake a b-double truck about 9.30am.

Theris made a number of attempts to overtake the truck before he indicated and made an erratic entry onto the wrong side of the road and drove past the b-double.

Officers followed Theris for about 12km when he was spotted swerving within his own lane and unable to keep a straight line.

At one point police said Theris' passenger side tyres left the road and entered the dirt shoulder before he abruptly brought the vehicle back onto the bitumen.

Police stopped Theris on the Bill O'Brien Way.

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Officers approached the vehicle and saw Theris who produced his licence.

Following police checks, the officers questioned Theris, who told them he had no police history and had never been charged. According to court documents this was not reflected on police holdings.

Theris told police he was a cannabis smoker, but hadn't smoked recently. However, police noticed in their interaction with him he was nervous, and continually fidgeted with items in the centre console or his pockets.

Despite a negative roadside breath test, police decided to search Theris and his vehicle as they believed he may be in possession of a prohibited drug.

During the search, police found a small brass piece known as a 'cone piece', which Theris admitted was his and he used to smoke cannabis previously.

Inside the vehicle police also located a barbecue sauce bottle which had been modified to be a 'bong' and a small metal tin with a small trace of cannabis. When questioned, Theris admitted he had smoked the cannabis the night prior.

After Theris' admissions and his manner of driving, police believed his ability to drive was impaired due to his cannabis use.

Theris was arrested and taken to Lightning Ridge Hospital where he was subject to a blood and urine sample for analysis.

A week later results revealed Theris was under the influence of both meth and cannabis.

Defence lawyer David Hemsworth asked the court to excuse his client, who was reported missing last month and still recovering from the effects of the incident, Dubbo Local Court heard on Wednesday.

The court heard Theris owned his own business - Orana Fire Protection - and was the "preferred" NSW government building contractor to install fire protection equipment.

Mr Hemsworth argued a minimum disqualification of three months could affect that business.

However, Magistrate Mal Macpherson remarked as a business owner he should know better, and said he might end up losing it and encounter a more serious punishment if he continued taking drugs.

Theris was handed a 15-month conditional release order to be of good behaviour.

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